‘Manitoba Chiefs Defend Discrimination’


The creation of discriminatory hydro rates is being defended by Manitoba chiefs. They are not opposed to discrimination in principle — only when it works against them: 

“The Assembly of Manitoba Chiefs (AMC) is responding to news that Manitoba Hydro is asking the Manitoba Court of Appeal to overturn the Public Utilities Board (PUB) decision to create a new ‘First Nation’ {‘aboriginal community’} on Reserve’ residential rate class… 

“Grand Chief Arlen Dumas noted, 

“This unnecessary and punitive appeal by Manitoba Hydro shows us Hydro’s true colours. By taking the rate freeze for ‘First Nations’ on reserve to court, Hydro is sending mixed messages about its relationship with ‘First Nations’.”

“Hydro has met with the AMC several times, telling us they want to work with ‘First Nations’ in Manitoba”,
stated Grand Chief Dumas.
“Yet their appeal is based on an interpretation of the law that makes no sense {?} and has already been rejected, twice, by the PUB. We reject Hydro’s claim that its appeal is not about the social policy merits of the ‘First Nation’ rate. Hydro opposed the ‘First Nations’ On-Reserve Rate at the PUB hearing, they opposed it when they asked the PUB to review and vary the initial order, and they’re opposing it now.” 
(Because it’s based on Race, not Need…}

“AMC is currently considering all of its legal options to ensure that the {discriminatory} ‘First Nations’ On-Reserve Rate remains in place.”

–‘Manitoba Hydro targeting First Nations ratepayers’,
Assembly of Manitoba Chiefs Press Release, August 10th, 2018

https://manitobachiefs.com/manitoba-hydro-targeting-first-nations-ratepayers/

Kelvin Shepherd, President and CEO, Manitoba Hydro. (Manitoba Hydro)

“Manitoba Hydro President Kelvin Shepherd says the board exceeded its authority and the Manitoba Court of Appeal should overturn the order. He says Hydro is required to maintain uniform rates for all residential customers, regardless of where they live.”

–‘Manitoba Hydro asks court to overturn order to create special First Nation rate’,
Canadian Press, Aug. 10, 2018

https://www.thestar.com/news/canada/2018/08/10/manitoba-hydro-asks-court-to-overturn-order-to-create-special-first-nation-rate.html

Here are lawyers describing discrimination as “fairness”. If this is what’s graduating from our law schools, then it’s time for a public body to take over the supervision of the legal profession:

“On May 1st, 2018, Manitoba’ Public Utilities Board adopted recommendations made by the Assembly of Manitoba Chiefs (“AMC”) to create a new electricity rate for ‘First Nations’ {‘aboriginal’} customers on Reserve, and for there to be no increase to that rate for the upcoming year. This is the first time in Canada that a public utility regulator has recognized the unique circumstances of ‘First Nations’ living on Reserve by ordering a special rate class {Lots of Canadians live in “unique circumstances”. This is racial discrimination}. The two of us are very proud to have represented AMC in this important victory for ‘energy justice’ {That’s what they call racial discrimination. Welcome to Orwell’s world} in Manitoba, and we hope it will be the beginning of conversations in other jurisdictions about what ‘fairness’ {‘discrimination’} in energy prices {This last sentence isn’t even proper English}.

“…The PUB recognized that ‘energy poverty’ was a real problem, which both Manitoba Hydro and the Government of Manitoba had failed to address for over ten years. For example, under Manitoba Hydro’s plan, ‘Energy Poverty’ would have increased from 9.7% to 15.2% in just six years.

“The PUB decided that it had the legal jurisdiction to order bill affordability programs, and it did so, by creating a new residential rate class for {only} ‘First Nations’ on Reserve… Most importantly for ‘First Nations’ in Manitoba (and potentially in other jurisdictions, as well), the PUB ordered Hydro to charge a discounted rate to on-reserve customers

“The values that the Charter of Rights and Freedoms is based on have to be part of the PUB’s decision making process, and those values, especially the value of equality, require that ‘First Nations’ living on reserve be given a reduced rate. 
[This is either disingenuous, criminally cynical, or written by a complete and utter fool. To even suggest that “the value of equality” requires racial discrimination…}

“AMC also successfully argued that {one-way} ‘reconciliation’ should be a factor in setting reduced rates for ‘First Nations’ on reserve.

“Manitoba Hydro is a Crown Corporation, and so has benefited from ‘First Nations’ agreement, in the Treaties, to share the land and water in what is now Manitoba {NONE of the Treaties governing Manitoba say anything about ‘sharing the land and water’ — See below…}, but ‘First Nations’ have not got equivalent benefits from Hydro’s use.

“Every dollar earned by Manitoba Hydro comes from power generated on lands and waters in the {FORMER, bought-and-paid-for} ‘traditional territories’ of ‘First Nations’. The dams cause massive impacts on the environment and the ability of ‘First Nations’ to exercise their rights, but the benefits flow to Winnipeg and other ‘settler’ communities {Where over half of all aboriginals now live!}.

“This decision is an exciting step towards ‘energy justice‘ for ‘First Nations’ in Manitoba, and could potentially lead to positive change for ‘First Nations’ in the rest of Canada. Recognizing the unique and disproportionate ways that ‘energy poverty’ impacts ‘First Nations’ living on Reserve will be a crucial test of fairness for energy regulators in the future. ‘First Nations’ and ‘First Nation’ organizations would benefit from seeking standing at rate application hearings, and encouraging the decision makers to look at the facts behind the affordability of electricity bills, particularly for ‘First Nations’ living on reserve.”

–‘AMC Wins Unprecedented Discount Hydro Rates for On Reserve Residents’,
Senwung Luk and Corey Shefman, OKT | Olthuis Kleer Townshend LLP

http://www.oktlaw.com/amc-wins-unprecedented-discount-hydro-rates-for-on-reserve-residents/

The Aboriginal Industry law firm in this case that profits off of discrimination:

“OKT offers a full suite of negotiation and litigation services for ‘First Nations’ across Canada, and its lawyers are recognized leaders and experts in the field.”
OKT | Olthuis Kleer Townshend LLP
250 University Avenue, 8th Floor
Toronto, Ontario
Canada
M5H 3E5

Phone: 416 981 9330
Fax: 416 981 9350
Email: info@oktlaw.com
^^^^^^^^^^^^^^
4902 49th Street, 3rd Floor,PO Box 1470
Yellowknife, NT
Canada
X1A 2P1
Phone: 867 675 1131
Fax: 867 988 1907
Email: info@oktlaw.com

‘Aboriginal Law’ archives:
http://www.oktlaw.com/category/aboriginal-law/

‘Indigenous’ Advocacy:
http://www.oktlaw.com/category/indigenous-advocacy/

“OKT is proud to be working for Brad Gallant on a pro bono basis in his complaint against the City of Mississauga before the Human Rights Tribunal of Ontario. The complaint is in relation to the use of ‘indigenous’ mascots in minor hockey. His complaint alleges that the City discriminated against him in the provision of services by both subsidizing the cost of ice time to teams that use ‘indigenous’ mascots, and allowing the public display of those same mascots… I {Jeremiah Raining Bird} am representing Mr. Gallant…”
http://www.oktlaw.com/human-rights-case-heard-indigenous-mascots-sports/

More Logo Bullying’ (Mississauga Team Names) {November 27, 2016}:
“An ‘indigenous’ {aboriginal} parent appeared before the ‘Human Rights Tribunal of Ontario’ on Monday, alleging that the city of Mississauga, Ont., discriminated against him by allowing “racist” names and logos of minor league teams in local arenas.”
https://endracebasedlaw.wordpress.com/2016/11/27/more-logo-bullying/

As of October, 2018, we can find no evidence of a decision ever being reached in this case…

A visit to the ‘Treaty Relations Commission of Manitoba’ yields this gem: 

“‘First Nations’ did not view the Treaty process as a surrender of their land, but as an agreement to share the land and its resources with Canadians.”

Hmmm… something’s not quite right here. Let’s go into the Treaty vaults, shall we, and have a look at the language that must have confused the Chiefs. There are 5 large Numbered Treaties covering almost all the territory of Manitoba {See map above. P.S. I’ve used CAPS just in case any of the Treaty Commission people see this — or the Supreme Court, for that matter…}:

“Treaty No. 1 was negotiated and entered into in August 1871 at Lower Fort Garry. A few of the Canadian communities…of Treaty No. 1 include:
Winnipeg, Brandon, Portage La Prairie, Selkirk, Steinbach, Lundar, Grand Beach, Emerson, Winkler and many more…”
{The Treaty Relations Commission of Manitoba}

TREATY 1: “The Chippewa and Swampy Cree Tribes of Indians AND ALL OTHER the Indians inhabiting the district hereinafter described and defined do hereby CEDE, RELEASE, SURRENDER and YIELD UP to Her Majesty the Queen and successors FOREVER ALL THE LANDS included within the following limits…
{There follows a lengthy description of the territory ceded, released, surrendered etc., shown in map above}

“To have and to hold the same to Her said Majesty the Queen and Her successors FOR EVER…”
https://www.aadnc-aandc.gc.ca/eng/1100100028664/1100100028665

Hmmm… Let’s try another…
**************************************
“Treaty No. 2 was negotiated and entered into in August 1871 at Manitoba House. A few of the Canadian communities…include:
Dauphin, Melita, Minnedosa, Roblin, Virden and many more…

“The ‘First Nation’ communities that entered into Treaty No. 2 are:
Dauphin River, Ebb & Flow, Keeseekoowenin, Lake St. Martin, Lake Manitoba, Little Saskatchewan, O-Chi-Chak-Ko-Sipi, Pinaymootang, and Skownan. Riding Mountain National Park and Duck Mountain Provincial Park are within the Treaty No. 2 area.”
{The Treaty Relations Commission of Manitoba}

TREATY 2: “The Chippewa Tribe of Indians and all other the Indians inhabiting the district hereinafter described and defined do hereby CEDE, RELEASE, SURRENDER, and YIELD UP to Her Majesty the Queen, and Her successors FOREVER, ALL THE LANDS included within the following limits…”
{There follows a lengthy description of the territory ceded, released, surrendered, etc., shown in map above}
https://www.aadnc-aandc.gc.ca/eng/1100100028664/1100100028665
**************************************
“Treaty No. 3 was negotiated and entered into in October 1873. This Treaty area lies mostly within the borders of Ontario; however, Manitoba’s Buffalo Point ‘First Nation’ is a party to Treaty No. 3.

“Manitoban communities…include:
Falcon Lake, Lac du Bonnet, Middlebro, Point du Bois and many more. Much of Whiteshell Provincial Heritage Park is within the Treaty No. 3 area.”
{The Treaty Relations Commission of Manitoba}

TREATY 3: “The Saulteaux Tribe of the Ojibbeway Indians and all other the Indians inhabiting the district hereinafter described and defined, do hereby CEDE, RELEASE, SURRENDER and YIELD UP TO THE GOVERNMENT OF THE DOMINION OF CANADA for Her Majesty the Queen and Her successors FOREVER, ALL THEIR RIGHTS, TITLES AND PRIVILEGES WHATSOEVER, TO THE LANDS INCLUDED within the following limits…
{There follows a lengthy description of the territory ceded, released, surrendered, etc., shown in map above} 
https://www.aadnc-aandc.gc.ca/eng/1100100028675/1100100028679
**************************************
“Treaty No. 4 was negotiated and entered into in September of 1874 at Fort Qu’Appelle, Saskatchewan. The larger portion of the Treaty area can be found in Saskatchewan; however, a small part of western Manitoba is covered by Treaty No. 4.

“Manitoban communities…of Treaty No. 4 include:
Birch River, Mafeking, Swan River, Westgate and many more.
‘First Nation’ communities that entered into Treaty No. 4 include:
Gamblers, Pine Creek, Rolling River, Tootinawaziibeeng, Waywayseecappo and Wuskwi Sipi.”
{The Treaty Relations Commission of Manitoba}

Treaty 4: “The Cree and Saulteaux Tribes {“and Stonie Tribe…and Assiniboine Tribe”} of Indians, and all other the Indians inhabiting the district hereinafter described and defined, do hereby CEDE, RELEASE, SURRENDER AND YIELD UP TO THE GOVERNMENT OF THE DOMINION OF CANADA, for Her Majesty the Queen, and Her successors FOREVER, ALL THEIR RIGHTS, TITLES AND PRIVILEGES WHATSOEVER, TO THE LANDS INCLUDED within the following limits…
{There follows a lengthy description of the territory ceded, released, surrendered, etc., shown in map above}

“Also ALL THEIR RIGHTS, TITLES AND PRIVILEGES WHATSOEVER TO ALL OTHER LANDS wheresoever situated within Her Majesty’s North-West Territories, or any of them. To have and to hold the same to Her Majesty the Queen and Her successors FOR EVER…” 
https://www.aadnc-aandc.gc.ca/eng/1100100028689/1100100028690
**************************************
“Treaty No. 5 was negotiated and signed by the largest number of ‘First Nation’ communities within Manitoba at different locations and times {and covers over 2/3 of Manitoba}. The first negotiation and signing of Treaty No. 5 occurred at Berens River in 1875. Manitoban communities…of Treaty No. 5 include:
The Pas, Wabowden, and Gypsumville.

“The ‘First Nation’ communities that entered into Treaty No. 5 include:
Chemawawin, Berens River, Black River, Bloodvein, Cross Lake, Fisher River, Grand Rapids, Hollow Water, Kinonjeoshtegon, Little Black River, Mosakahiken, Norway House, Opaskwayak and Poplar River.”
{The Treaty Relations Commission of Manitoba}

TREATY 5: “The Saulteaux and Swampy Cree Tribes of Indians, and all other the Indians inhabiting the district hereinafter described and defined, DO HEREBY CEDE, RELEASE, SURRENDER AND YIELD UP TO THE GOVERNMENT OF THE DOMINION OF CANADA, for Her Majesty the Queen and Her successors FOR EVER, ALL THEIR RIGHTS, TITLES AND PRIVILEGES WHATSOEVER TO THE LANDS INCLUDED within the following limits…
{There follows a lengthy description of the territory ceded, released, surrendered, etc., shown in map above}

“AND ALSO ALL THEIR RIGHTS, TITLES AND PRIVILEGES WHATSOEVER TO ALL OTHER LANDS WHEREVER SITUATED in the North-west Territories or IN ANY OTHER PROVINCE OR PORTION OF HER MAJESTY’S DOMINIONS SITUATED AND BEING WITHIN THE DOMINION OF CANADA;

“The tract comprised within the lines above described, EMBRACING AN AREA OF ONE HUNDRED THOUSAND SQUARE MILES, be the same more or less;
To have and to hold the same to Her Majesty the Queen, and Her successors FOREVER…

“And with a view to show the satisfaction of Her Majesty with the behaviour and good conduct of Her Indians, She hereby, through Her Commissioners, makes them a present of five dollars for each man, woman and child belonging to the bands here represented, IN EXTINGUISHMENT OF ALL CLAIMS heretofore preferred…” 
https://www.aadnc-aandc.gc.ca/eng/1100100028699/1100100028700
**************************************
Is anyone still confused about who owns the land?

And since only the owner of the land gets resource revenue…

See also:
Where’s The Proof?’ (Alleged Man. Hydro Abuse) {August 11, 2018}:
“Alleged ‘shocking abuse’ of aboriginal women by Hydro workers decades ago – another deflection from the reality that the abuse of aboriginal women TODAY is overwhelmingly by aboriginal men. Unsubstantiated hearsay concerning incidents decades ago has resulted in a call for more money, and a government that instantly starts apologizing {Surprise, surprise…}:

“A Manitoba chief says ‘indigenous’ women in the north should be compensated for the sexual abuse they allegedly suffered at the hands of hydro workers decades ago.”
https://endracebasedlaw.wordpress.com/2018/09/11/wheres-the-proof/

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